Search Opinion

In re Alper Holdings USA

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and claimant, a company that purchased assets belonging to a business that became the debtor's subsidiary, filed claims against the debtor's bankruptcy estate. The debtor asked the court to disallow the claims, pursuant to 11 U.S.C.S. § 502(e)(1)(B), or , in the alternative, to determine the amount of the claims.
Ruling: 
Objection to claim for costs of defense of possible future environmental claims against debtor's former subsidiary sustained.
ABI Membership is required to access the full summary of In re Alper Holdings USA. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 10,2008, LexisNexis #1108-073

In re Lemma

The debtors filed a motion for a determination that the scheduling of the foreclosure sale of their residence by a creditor violated the co-debtor stay of 11 U.S.C.S. § 1301(a).
Ruling: 
Co-debtor stay is not terminated by 30-day automatic termination of stay in chapter 13 case.
ABI Membership is required to access the full summary of In re Lemma. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 09,2008, LexisNexis #1008-014

In re Hubel

Appellant debtor appealed from a letter decision and order of the Bankruptcy Court, denying his request for an exemption from the credit counseling requirement of 11 U.S.C.S. § 109(h).
Ruling: 
Dismissal for failure to obtain required credit counseling upheld despite incarcerated debtor's inability to comply.
ABI Membership is required to access the full summary of In re Hubel. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 08,2008, LexisNexis #1008-072

In re Northwest Airlines Corp.

The reorganized debtors, who operated a commercial airline, filed an objection to two proofs of claim filed by a lessor. The claims arose in connection with the debtors' rejection of the leases for two aircraft. The lessor claimed damages of $7.5 million on each lease, based in part on a liquidated damages clause in the lease that required a fixed and non-declining stipulated loss value (SLV).
Ruling: 
Debtor's objection to liquidated damages claim based on rejected lease sustained as claim was unreasonable.
ABI Membership is required to access the full summary of In re Northwest Airlines Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 05,2008, LexisNexis #1108-062

In re Northwest Airlines Corp.

Debtors, an airline and others, filed a petition under chapter 11 of the Bankruptcy Code, and creditor, a credit corporation, filed a claim seeking payment of approximately $ 30,024,932 under tax indemnification agreements (TIAs) it concluded with the airline. The debtors filed an objection to the creditor's claim.
Ruling: 
Debtor's objection to creditor's tax indemnification claim overruled.
ABI Membership is required to access the full summary of In re Northwest Airlines Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 05,2008, LexisNexis #1108-061

In re Enron Creditors Recovery Corp. v. Goldman Sachs & Co. (In re Enron Creditors Recovery Corp.)

Plaintiff, reorganized chapter 11 debtors, and related entitites, had filed adversary proceedings against various companies. The Securities and Exchange Commission (SEC) sought to intervene under Fed. R. Bankr. P. 7024 and filed a motion for leave to file a brief out of time in the adversary proceedings, pursuant to 11 U.S.C.S. § 1109. The debtors opposed the motion.
Ruling: 
SEC allowed to file brief out of time in adversary proceeding as its position was important to the record of the case.
ABI Membership is required to access the full summary of In re Enron Creditors Recovery Corp. v. Goldman Sachs & Co. (In re Enron Creditors Recovery Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 04,2008, LexisNexis #1208-102

In re Ogundoju

Appellant debtor sought review of a decision of a bankruptcy court, which denied the debtor's motion for reconsideration of the bankruptcy court's earlier order that granted a motion for relief from the automatic stay filed by appellee bank, in the debtor's chapter 13 proceeding.
Ruling: 
Appeal of denial of reconsideration of order granting bank relief from stay in order to foreclose dismissed as moot as property had been sold in absence of stay pending appeal.
ABI Membership is required to access the full summary of In re Ogundoju. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 04,2008, LexisNexis #1008-109

In re Jackson

Appellant debtors challenged an order from a bankruptcy court, which found that the term "loss of future earnings" as used in 11 U.S.C.S. § 522(d)(11)(E) referred only to post- bankruptcy petition future earnings.
Ruling: 
Bankruptcy court properly held that "loss of future earnings" refers only to postpetition future earnings.
ABI Membership is required to access the full summary of In re Jackson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 03,2008, LexisNexis #0908-136

Cadle Co. v. Banner (In re Banner)

Respondent debtor filed a petition for relief under chapter 7 of the Bankruptcy Code. Movant creditor filed a motion for relief from the automatic stay, and the debtor filed a motion for an order declaring that real property she owned was exempt from creditors' claims. The creditor and the State of Connecticut filed objections to the debtor's motion.
Ruling: 
Debtor could not avoid creditor's lien that predated acquisition of interest in property.
ABI Membership is required to access the full summary of Cadle Co. v. Banner (In re Banner). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 27,2008, LexisNexis #0908-077

Levinson v. R&E Prop. Corp.

Chapter 13 debtor sought review of an order of a Bankruptcy Court, which denied his motion for an order pursuant to 11 U.S.C.S. § 522(f)(1) to avoid the judicial lien of appellee secured creditor against the debtor's interest in certain real property, which the debtor and his wife owned as tenants in the entirety. The creditor was a secured creditor by virtue of a $ 428,577 judgment entered against the debtor's real property.
Ruling: 
Lien did not impair homestead exemption where there was sufficient equity.
ABI Membership is required to access the full summary of Levinson v. R&E Prop. Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1008-007

Pages